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85--002916 <br />any mortgagee(s) under any mortgage(s) against the Demised <br />Premises showing that the policies required hereunder are in <br />force shall be delivered to Landlord and to any mortgagee(s) <br />under any mortgage(s) against the Demised Premises at least <br />thirty (30) days prior to the expiration of the then outstanding <br />policies. <br />4.3 Waiver of Subroaation: Landlord and Tenant <br />expressly waive any and all rights and claims as against each <br />other for losses and damages to the extent that such losses and <br />damages are covered by insurance. <br />4.4 Assignment of Policies: If this Lease is <br />terminated, the insurance policies required hereunder and all <br />rights thereunder or to insurance proceeds shall be assigned to <br />Landlord, at Landlord's election. <br />5. Indemnification: Tenant agrees, at Landlord's <br />option, to indemnify, defend and 'hold harmless Landlord, its <br />agents, members, employees, officers, and directors, and any <br />mortgagee(s) under any mortgage(s) agai ^st the Demised Premises, <br />against each and every demand, clai7',, assertion or action, <br />including, without limitation, attorneys' fees, court costs and <br />other expenses, arising or alleged to have arisen out of any act <br />or omission of Tenant, its agents, mem=bers, employees, officers, <br />directors, guests, invitees or licensees. <br />6. Impound Account: If and to the extent required by <br />any mortgage(s) against the Demised Premises, or at Landlord's <br />election if Landlord reasonably deems timely payment of real and <br />personal property taxes and assessments and /or insurance premiums <br />required to be paid by Tenant hereunder unlikely, then Tenant <br />shall pay to Landlord, quarterly or more frequently as the <br />mortgagee(s) or Landlord may require, amounts necessary to create <br />an impound account sufficient to timely pay all real. and personal <br />property taxes and assessments and /or insurance premiums required <br />to be paid by Tenant hereunder. Such amounts shall be adjusted <br />from time to time to maintain an adequate reserve for the payment <br />of the foregoing sums. The interest earned on the funds in the <br />impound account, if any, shall be credited to Tenant. <br />7. Use of Premises: The Demised Premises shall be <br />used solely as 7 nursing home and /or health care facility and for <br />no other purposes. <br />B. Maintenance: <br />8.1 Tenant shall maintain the Demised Premises in <br />good condition and repair, including, without limitation, the <br />roof, structural and mechanical elements and systems of the <br />Demised Premises, exterior and interior painting, gardening and <br />am <br />0 <br />M <br />